2015-35 -___ _ __ __ , INSTRUMENT#2015051200
(V.of OR BK 4624 PG 693 699 (7 PGS)
685 W Ata etxooe St DATE 5/11/2015 11 53 08 AM
CII nont,S.e34711 NEIL KELLY, CLERK OF THE CIRCUIT COURT
LAKE COUNTY
J ;
;Q� O RECORDING FEES$61 00
{`., CI-ER NT UTILITY SERVICE AGREEMENT
`~ 11 e of Champions - FOR WATER
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Mohammad Al Husail (Yahmom Investment
Corp) , 90 SW 3rd Street #1401, Miami, Fl 33130, Owner, and any successors or assigns,
hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting service to a single family residential home which is located on
8 53 acres at 14800 Old Highway 50, Clermont, FL 34711 on real property (the "Property")
described on Exhibit 'A', attached hereto and by this reference made a part hereof, and
Whereas, the Property is located in the incorporated area of Lake County and the OWNER is
requesting water service from the CITY, and
Whereas, as a condition of CITY providing said water service to the Property, OWNER is to
extend water lines to serve the Property and lines and appurtenances must be sized and
constructed in accordance with the minimum requirements of CITY Land Development
Regulations and to meet the flow demands for the site, and
Whereas, the CITY may, at the sole option of the CITY, elect to oversize the water lines and
appurtenances in order to provide additional capacity to other properties, and
Whereas, as a condition of the provision of water service to the Property by the CITY, OWNER
agrees that this Agreement shall constitute an unconditional application to annex the Property
into the City`of Clermont, if the CITY chooses to do so, and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water service shall be extended and sized
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows
Section 1. OFF-SITE WATER - Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement
1 1 CITY shall provide water service for the Property
1 2 OWNER shall connect to the existing City system at connection point or points approved
by CITY
1 3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY
1 4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development and provide such documentation necessary for the CITY to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations
Page 1 -Yahmom Investment Corp , Utility Service Agreement for Water
1 5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans
1 6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project No building permits shall be issued until water is
provided to the site or until a bond or letter of credit, acceptable to CITY, is in place to
guarantee completion of off-site improvements
1 7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property
1 8 The existing utilities shall stay in service throughout construction If the construction
requires that the utilities be relocated or altered, the OWNER shall prepare plans, permit
the project and construct the modifications at the OWNER's expense
1 9 The project shall provide access easements to the City of Clermont to access the water
meter for the site The City of Clermont will charge water fees based on the water meter
readings
1 10 The CITY shall be responsible for the difference in cost of materials to oversize the line
if the CITY chooses to oversize based on plans and cost estimates provided by OWNER
to CITY, and approved in advance by the CITY
1 11 The OWNER shall provide to the CITY a cost estimate for materials for the minimum
size lines and appurtenances and a cost estimate for materials for an approved
oversize Cost estimate shall be contractors bid as certified by OWNER'S project
engineer The CITY shall review and either approve or reject the costs
1 12 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the water lines and appurtenances, both on site and off site,
required to serve the Property
1 13 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees All fees are non-refundable
Section 2. DEVELOPMENT STANDARDS
Any other water service development items to the site that have not been addressed must be
completed in accordance with City of Clermont standards unless otherwise stipulated in this
Agreement or subsequent amendments to this Agreement
Page 2-Yahmom Investment Corp , Utility Service Agreement for Water
Section 3. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole
discretion, chooses to do so In conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance to Annex Property in a form substantially in compliance with the form set forth,in
Exhibit "B", attached hereto and incorporated herein The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described,in Exhibit "A" The Notice of Encumbrance shall
be executed by all owners of the real property described in Exhibit "A" and shall be
accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable
to CITY'and issued by a licensed title company or attorney identifying all owners in interest of
the real property All land transfers by OWNER shall contain a deed restriction or covenant
noting the existence of this encumbrance to annex, such restriction to be recorded as a
covenant to run with the land
The OWNER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and assigns
that once the property is annexed into the City, in the event that the septic tank or septic field
fails, the OWNER shall connect to City's sewer system when a sewer connection is available as
determined by City
Section 4. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement
Section 5. NOTICES
All notices, demands, or other writings required to be given or made or sent in this Agreement,
or which may be given or made or sent, by either party to the other, shall be deemed to have
been fully given or made or sent when in writing and addressed as follows
CITY OWNER
City of Clermont Mohammad Al Husail
City Manager Yahmom Investment Corp
P.O Box 120219 90 SW 3rd Street# 1401
Clermont, Fl 34712-0219 Miami, Fl 33130
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties
Page 3-Yahmom Investment Corp , Utility Service Agreement for Water
Section 7. EFFECTIVE DATE AND TERM
This agreement shall take effect as of the latest date either party executes this agreement and
if construction is not completed,shall expire on the fifth anniversary thereof unless extended by
a subsequent agreement of the parties
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dates listed below CITY through'its City Manager, authorized to execute same by City Council
action
DATED this 24th day of February, 2015
CITY OF.CLERMONT
ATTEST/
iti//
Gail L Ash, Mayor Tracy Ackroyd, City Clerk
•
Page 4—Yahmom Investment Corp , Utility Service Agreement for Water
OWNER:
Mohammad Al Husall
MOH4/11M40 z ,4L HUSP4/1—
Signature Print Name
STATE OF PO r'1 CI�
COUNTY OF tcf '
The foregoing instrument was acknowledged before me on this IS' /Q day of p ,
2015, by , who is pilitonallv knovm to
me or who has produced as identification and
who did not take an oath.
Notary Public ..11.-aA.WEAL:
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Type/print name CP i- f I'U' r W1 OD
CAROL B.PA
c ss,oN-ri3OI
mulls May o,,so,e
Page 5—Yahmom Investment Corp.; Utility Service Agreement for Water
EXHIBIT"A"
PROPERTY DESCRIPTION
Owner:
Al Husail, Mohammad
Yahmom Investment Corp
90 Sw 3rd Street# 1401
Miami, Fl 33130
Description:
LAKE HIGHLAND 16-22-26 TRACT 50 PB 3 PG 32, ORB 4519 PG 2284
Containing 8.53 acres more or less
Lake County Alternate Key Numbers:
3891879
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Page 6—Yahmom Investment Corp , Utility Service Agreement for Water
EXHIBIT"B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont,FL 34712
THIS INSTRUMENT, Made this 24th day of February,2015,between Mohammad Al
Husail, Yahmom Investment Corp., 90 SW 3rd Street# 1401, Miami, Fl 33130, property
owner of the Property at 14800 Old Highway 50,Clermont, FL 34711, in the County of
Lake, State of Florida Grantor*, and the CITY OF CLERMONT, FLORIDA, A
Municipal Corporation, Grantee*:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limits of the City of Clermont, and
GRANTOR,for and in consideration of the sum of ONE and 00/100 ($1.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described
real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon
request of Grantee, annexed into the city limits of the City of Clermont at such time that
the annexation of said real property is in accordance with applicable law,
GRANTOR,further agrees, on his/hers/theirs/its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
of the petition of which notice is given above, then this instrument shall be considered
such request and/or renewal. The subject property is described as:
Exhibit"A"
GRANTER, agrees on his/hers/theirs/its own behalf and that of Grantors' heirs and
assigns that once the property is annexed into the City, in the event that the septic tank
or septic field fails, the GRANTER shall connect to City's sewer system when a sewer
connection is available as determined by City.
Page 7—Yahmom Investment Corp , Utility Service Agreement for Water
Grantor is used for singular or plural,as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
PROPERTY OWNER(S): WITNESSES(Two required):
Mohammad Al Husail, Witnesses
Yahmom Investment Corp.
By: ignature
Signature �e��C -TY-c;',-A-)
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yQ
Mv14414/14i9D /fit W09911_
Type or print name Type or print name
2.
Signature
Type or print name
STATE OF PO c
COUNTY OF l,W►—'
oin instrument was acknowled ed before m on this / day of
The regoin 1 /11 71-40 a L L , who is
2015, by /Vl��ha�h rnQ
personally known to me or who has produced
as identification and who did not take an oath.
lic 4AEAL iCAROL B PARROW
Notary Pub y: , IMussloN#FF099s71
l EXPIRES May 01,2018
Type/print name ("0/tel O o r(-c/l�
Pursuant to Section 695.29(3Xt)• this instrument exempt from Chapter 695,F.S.„Prepared by a Public Officer,City Attorney,
City of Clermont,Florida 34712
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Page 8—Yahmom Investment Corp.;Utility Service Agreement for Water